Salau v. Deaton

433 S.W.3d 449, 2014 WL 2466368, 2014 Mo. App. LEXIS 625
CourtMissouri Court of Appeals
DecidedJune 3, 2014
DocketNo. WD 76305
StatusPublished
Cited by1 cases

This text of 433 S.W.3d 449 (Salau v. Deaton) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Salau v. Deaton, 433 S.W.3d 449, 2014 WL 2466368, 2014 Mo. App. LEXIS 625 (Mo. Ct. App. 2014).

Opinion

LISA WHITE HARDWICK, Judge.

Ahmed Salau appeals the circuit court’s order denying his motion for a preliminary injunction against Brady J. Deaton, Chancellor of the University of Missouri; Catherine J. Scroggs, Vice-Chancellor of the University of Missouri; and Donnell Young, Senior Coordinator, Office of Student Conduct, University of Missouri (collectively, “Respondents”). Salau sought to preliminarily enjoin Respondents and “any other persons who are acting or have acted in concert with any of them” from: (1) holding a formal hearing on allegations of misconduct against him and (2) making any decision adverse to his status as a student and research assistant at the University.

On appeal, Salau contends he was entitled to a preliminary injunction because the University’s notice of the hearing was deficient, the hearing violated his Fifth Amendment right against self-incrimination, and the University did not have an attorney present to advise the Student Conduct Committee during the hearing. Salau further argues that the court erred in consolidating the preliminary injunction with a hearing on the merits pursuant to Rule 92.02(c)(3). Because the circuit court’s denial of Salau’s request for a preliminary injunction was not a final judgment and, therefore, was not appealable, we dismiss the appeal.

Factual and Procedural History

In September 2012, Young notified Sa-lau of possible violations of the University’s student conduct rules and regulations. Specifically, Young informed Salau that he was alleged to have provided alcohol to an underage University student, including at a time when she was already drunk, and then to have engaged in nonconsensual sex with her. Pursuant to the University’s policies and procedures, Salau had an informal meeting with Young to discuss the allegations.

During the informal meeting, Salau admitted that he had provided the underage student with alcohol and that he had had sex with her, but he claimed that the sex was consensual. Salau told Young that he would provide him with additional information in a few days. When Salau failed to provide the additional information, Young notified him in a letter dated October 8, 2012, that he was expelled from the University. The letter also informed Salau that, if he chose not to accept Young’s informal disposition decision to expel him, he would have a formal hearing before the Student Conduct Committee. Salau chose not to accept the decision, so his formal hearing before the Student Conduct Committee was set for November 12, 2012.

In the weeks leading up to the formal hearing, Salau and his counsel met with Young in person and exchanged emails with him regarding the original allegations of conduct violations and several additional allegations of conduct violations that had been brought to Young’s attention. When Salau and his counsel asked that the formal hearing be continued to allow them time to contact witnesses, the Student Conduct Committee Chair agreed to continue the hearing to November 28, 2012.

On November 12, 2012, Young sent Sa-lau notices of all of the student conduct violations alleged against him. At the request of Salau’s counsel, Young prepared a detailed account of each alleged incident and made it available for Salau or his counsel to pick up by 5:00 p.m. on November 15, 2012. When neither Salau nor his counsel picked up the information, Young mailed it to them, and they received it on November 19, 2012. Two days before the formal hearing, Salau requested another continuance to allow him “additional preparation time.” The Student Conduct Com[451]*451mittee Chair denied his request. The day before the hearing, Salau renewed his request for a continuance, and the Student Conduct Committee Chair again denied it.

Approximately three hours before the formal hearing, Salau’s counsel requested a continuance, which was denied. At some point that day, Salau filed a pro se motion for a preliminary injunction against Respondents in the Boone County Circuit Court. In his motion, he asked that the court forbid, bar, and enjoin Respondents and “any any other persons who are acting or have acted in concert with any of them” from holding the formal hearing and from “making any decision adversarial against [his] status as a student and research assistant” at the University until farther order of the court. Salau also requested “such further orders and relief as the court deems just and proper.”

The Student Conduct Committee proceeded with Salau’s formal hearing on the afternoon of November 28, 2012. Salau’s counsel arrived seven minutes into the hearing, while Salau arrived fifteen min-, utes into the hearing. When Salau arrived, he asked for a recess to speak to his counsel. After their conversation, Salau’s counsel informed the Student Conduct Committee that Salau had terminated his representation. Salau’s counsel then left. After his counsel left, Salau asked for a continuance because he did not have counsel to represent him and he believed his Fifth Amendment rights were being violated. The Student Committee voted to.deny the continuance request. Salau walked out of the hearing. The Student Conduct Committee proceeded with the formal hearing by questioning witnesses, receiving evidence, and voting on findings and sanctions.

On November 30, 2012, the Student Conduct Committee sent a letter to Salau notifying him that the Committee found that he had violated the University’s student conduct rules and regulations in five separate cases. In one of the five cases, the Committee determined that an official warning, disciplinary probation, and counseling were appropriate sanctions, but for the remaining four cases, the Committee expelled him from the University.

On December 7, 2012, the circuit court held a hearing on Salau’s motion for a preliminary injunction. At the beginning of the preliminary injunction hearing, the court noted that the Student Conduct Committee hearing had already taken place and asked Salau what he Was seeking to enjoin. Salau responded that he was seeking to enjoin Respondents “from making any decision that’s adversary [sic] to my status as a student and research assistant.” When the court asked him if a decision was reached after the Student Conduct Committee hearing, Salau acknowledged that he had been expelled from the University.

Respondents then asked that the court consolidate Salau’s request for a preliminary injunction with a hearing on the merits for a permanent injunction. The court advised Salau that a preliminary injunction was not a final decision and asked him why he did not want the court, at that time, to make a decision on the merits as to whether Respondents should be “enjoined from maintaining their decision that [he is] disconnected from the University.” Salau explained that, because Chancellor Deaton could reverse the Student Conduct Committee’s decision in his administrative appeal, which would render a hearing on the merits for a permanent injunction unnecessary, he wanted to refrain, at that time, from having the full hearing on the merits.

The court then heard evidence about the notice provided to Salau and, the conversations, letters, and email exchanges that Young and the Student Conduct [452]*452Committee Chair had with Salau and his counsel before the Student Conduct Committee’s formal hearing.

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Related

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139 F. Supp. 3d 989 (W.D. Missouri, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
433 S.W.3d 449, 2014 WL 2466368, 2014 Mo. App. LEXIS 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salau-v-deaton-moctapp-2014.